SOL-169-17-000009_SMS.pdf

Strengthening Media Systems Activity (SMS)

SOL-169-17-000009

Request for Proposals (RFP) No.: SOL-169-17-000009 Issue Date: 05/08/2017 Questions Due: 05/18/2017, 5:00 PM Belgrade time Closing Date: 06/09/2017, 5:00 PM Belgrade time

Subject: RFP No. SOL-169-17-000009

To All Prospective Offerors:

The United States Government, represented by the U.S. Agency for International Development (USAID) through its Mission in Serbia (USAID/Serbia), is soliciting proposals from qualified organizations interested in providing the services described in the attached solicitation. USAID/Serbia anticipates awarding one cost plus fixed fee term type contract with a period of performance of four

(4) years. In order to understand the magnitude of USAID’s requirement, the Government estimates 8,904 professional technical staff person days level of effort (this is an estimate only). This requirement is subject to the availability of funds. The principal geographic code for this contract is

937. The North American Industry Classification System (NAICS) code for this acquisition is 541990.

This procurement will be conducted through a full and open competition process under which any type of organization is eligible to compete. The procedures are set forth in the Federal Acquisition Regulation (FAR) Part 15.

Only electronic proposals will be accepted. Proposals must be sent to arexhepi@usaid.gov and bbulatovic@usaid.gov. Detailed requirements for Offerors’ proposals are outlined in Section L of this solicitation. Proposals must be signed by an official who is authorized to bind the organization and are to be submitted to USAID no later than the closing date and time stated above.

Any questions regarding this solicitation must be submitted in writing via email to Albert Rexhepi at arexhepi@usaid.gov and Branislav Bulatovic at bbulatovic@usaid.gov by the date and time specified above.

This solicitation, amendments to this solicitation, and announcement of contract award will be made available through the government point of entry at https://www.fbo.gov/. It is the Offeror’s responsibility to check this site periodically for official updates to this solicitation. Issuance of this solicitation and the submittal of a proposal do not constitute a commitment on the part of the U.S.

Government nor USAID to make an award; neither does it constitute an obligation for any costs incurred in the preparation and submission of a proposal.

Thank you for your interest in working with USAID/Serbia.

Sincerely, Carlton Bennett Regional Contracting Officer USAID/Kosovo https://www.fbo.gov/

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 93

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

05/08/2017 X

SERBIA

USAID/SERBIA

Bul. kneza Aleksandra Karadjordjevica 92 11000 Belgrade

5:00 PM 06/09/2017

Branislav Bulatovic Albert Rexhepi +38 578

C. E-MAIL ADDRESS

bbulatovic@usaid.gov arexhepi@usaid.gov 111-7064

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PAGE(S)

Carlton M. Bennett

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

TABLE OF CONTENTS

PART I – THE SCHEDULE

SECTION B – SERVICES AND PRICE/COSTS

B.1 PURPOSE

B.2 CONTRACT TYPE

B.3 ESTIMATED COST, FIXED FEE, AND OBLIGATED AMOUNT

B.4 CONTRACT BUDGET AND CEILINGS

B.5 PAYMENT OF FIXED FEE

B.6 COST REIMBURSABLE

B.7 INDIRECT COSTS

B.8 ADVANCE UNDERSTANDING ON CEILING INDIRECT COST RATES AND FINAL

REIMBURSEMENT FOR INDIRECT COSTS

B.9 MULTI-YEAR CONTRACT AND CANCELLATION CEILING

SECTION C – DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

C.1 TITLE OF ACTIVITY

C.2 PURPOSE

C.3 BACKGROUND

C.4 OBJECTIVES

C.5 OPERATING PRINCIPLES

C.6 CONTINUOUS LEARNING

C.7 COORDINATION WITH OTHER USAID PROJECTS AND OTHER DONOR

PROGRAMMING

SECTION D – BRANDING AND MARKING

D.1 MARKING AND BRANDING STRATEGY

D.2 AIDAR 752.7009 MARKING (JAN 1993)

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 PERIOD OF PERFORMANCE

F.3 PLACE OF PERFORMANCE

F.4 PERFORMANCE STANDARDS

F.5 PROFESSIONAL TECHNICAL LEVEL OF EFFORT

F.6 REPORTS AND DELIVERABLES

F.7 KEY PERSONNEL AND STAFFING PLAN

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER’S AUTHORITY

G.2 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998)

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

G.4 PAYING OFFICE

G.5 ACCOUNTING AND APPROPRIATION DATA

G.6 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

G.7 CONTRACTOR’S PRIMARY POINT OF CONTACT

G.8 CONTRACTOR’S PAYMENT ADDRESS

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

H.2 AIDAR 752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (FEB 2012) ... 30

H.3 AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JULY 2007)

H.4 ADS 302.3.5.19 USAID-FINANCED THIRD-PARTY WEB SITES (AUG 2013)

H.5 ADS 302.3.5.22 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA

LIBRARY (DDL) (OCT 2014)

H.6 AIDAR 752.7004 EMERGENCY LOCATOR INFORMATION (JUL 1997)

H.7 AIDAR 752.7007 PERSONNEL COMPENSATION (JULY 2007)

H.8 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION

H.9 AIDAR 752.7031 LEAVE AND HOLIDAYS (OCT 1989)

H.10 AIDAR 752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES (JUL 2007) 37

H.11 AIDAR 752.222-70 USAID DISABILITY POLICY (DEC 2004)

H.12 AUTHORIZED GEOGRAPHIC CODE

H.13 EXECUTIVE ORDERS ON TERRORISM FINANCING

H.14 GOVERNMENT FURNISHED FACILITIES OR PROPERTY

H.15 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES

H.16 LOGISTICAL SUPPORT

H.17 LANGUAGE REQUIREMENTS

H.18 AIDAR 752.7032 INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION

REQUIREMENTS (APR 2014)

H.19 FRAUD REPORTING

H.20 ENVIRONMENTAL COMPLIANCE

H.21 DISCLOSURE OF INFORMATION

H.22 FACILITIES USED FOR RELIGIOUS ACTIVITIES

H.23 ELECTRONIC PAYMENTS SYSTEM

H.24 DBA INSURANCE

H.25 AIDAR 752.222-71 NONDISCRIMINATION (JUNE 2012)

H.26 CLOUD COMPUTING (MAY 2016)

H.27 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY

H.28 CONSENT TO SUBCONTRACT

PART II – CONTRACT CLAUSES

SECTION I

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.2 AIDAR 752.252-2 AIDAR CLAUSES INCORPORATED BY REFERENCE (MAR 2015) 52

I.3 FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT

2015)

I.4 FAR 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (APR 2015)

I.5 FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

I.6 FAR 52.217-2 CANCELLATION UNDER MULTIYEAR CONTRACTS (OCT 1997)

I.7 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.8 FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

I.9 FAR 52.227-14 RIGHTS IN DATA – GENERAL (MAY 2014)

I.10 FAR 52.229-8 TAXES – FOREIGN COST-REIMBURSEMENT CONTRACTS (MAR

1990) 66

I.11 FAR 52.247-67 SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT

(FEB 2006)

I.12 AIDAR 752.209-71 ORGANIZATIONAL CONFLICTS OF INTEREST DISCOVERED

AFTER AWARD (JUN 1993)

I.13 AIDAR 752.242-70 PERIODIC PROGRESS REPORTS (OCT 2007)

I.14 AIDAR 752.7025 APPROVALS (APR 1984)

I.15 AIDAR 752.7036 USAID IMPLEMENTING PARTNER NOTICES (IPN) PORTAL FOR

ACQUISITION (JUL 2014)

I.16 AIDAR 752.7101 VOLUNTARY POPULATION PLANNING ACTIVITIES (JUNE

2008) 68

I.17 AIDAR 752.7037 CHILD SAFEGUARDING STANDARDS (AUG 2016)

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE

K.2 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017) 72

K.3 FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT

2015) 75

K.4 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL

2013) 76

K.5 FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL

LAW (FEB 2016)

K.6 FAR 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

K.7 FAR 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

K.8 FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION

(OCT 2015)

K.9 FAR 52.230-7 PROPOSAL DISCLOSURE—COST ACCOUNTING PRACTICE

CHANGES (APR 2005)

K.10 FAR 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION

(APR 2015)

K.11 INSURANCE—IMMUNITY FROM TORT LIABILITY

K.12 AUTHORIZED NEGOTIATORS

K.13 SIGNATURE

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

L.2 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

L.3 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.4 GENERAL INSTRUCTIONS TO OFFERORS

L.5 PROPOSAL SUBMISSION

L.6 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL

L.7 INSTRUCTIONS FOR THE PREPARATION OF THE COST PROPOSAL

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 GENERAL INFORMATION

M.2 TECHNICAL EVALUATION CRITERIA

M.3 EVALUATION OF PAST PERFORMANCE

M.4 COST PROPOSAL EVALUATION

M.5 DETERMINATION OF COMPETITIVE RANGE

M.6 SOURCE SELECTION

PART I – THE SCHEDULE

SECTION B – SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to provide technical assistance and other services as described in detail in Section C for the implementation of USAID/Serbia’s activity entitled “Strengthening Media Systems (SMS)”.

B.2 CONTRACT TYPE

This is a cost-plus-fixed-fee (CPFF) term-type contract. For the consideration set forth below, the Contractor must provide the level of effort described in Section F.5 to accomplish the goals and objectives set forth in Section C.

B.3 ESTIMATED COST, FIXED FEE, AND OBLIGATED AMOUNT

a) The estimated cost for the performance of the work required hereunder, exclusive of fixed fee, is $TBD. The fixed fee for the contract period is $TBD. The total estimated cost plus all fixed fee is

$TBD.

b) Within the estimated cost plus fixed fee (if any) specified in paragraph (a) above, the amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor (and payment of fee, if any) for performance of the contract period hereunder is $TBD. The Contractor must not exceed the aforementioned obligated amount.

c) Funds obligated hereunder are anticipated to be sufficient through TBD. Funding for this contract will be on an incremental basis, subject to the availability of funds.

B.4 CONTRACT BUDGET AND CEILINGS

a) The contract budget found herein is based on the Contractor’s original proposal and/or final proposal revision, which was accepted by USAID through award of this contract.

b) The following itemized budget sets forth the estimates for individual line items of cost:

Cost Category Amount Total Estimated Cost $TBD Fixed Fee $TBD Total Estimated Cost Plus Fixed Fee $TBD

B.5 PAYMENT OF FIXED FEE

Subject to FAR 52.216-8, Fixed Fee, if applicable, payment of fixed fee shall be allocated based upon the proportion of the level of effort (LOE) specified in Section F.5 that was provided by the Contractor in the period covered by the invoice. Normally, the Contractor will be paid the portion of the fee specified that corresponds to the proportion of LOE delivered by the Contractor during the period covered by the invoice. In the event that the Contractor does not provide the total LOE stipulated in Section F.5, the total amount of fixed fee will be reduced in similar proportion.

B.6 COST REIMBURSABLE

The U.S. dollar costs reimbursable must be limited to those costs determined to be necessary, allocable, allowable and reasonable. Payment must be made in accordance with FAR 52.216-7, Allowable Cost and Payment, FAR 52.216-8, Fixed Fee, if applicable, and AIDAR 752.7003, Documentation for Payment.

B.7 INDIRECT COSTS

The contract clause entitled “Allowable Cost and Payment (DEC 2002)”, FAR 52.216-7, specifies that the indirect cost rates must be established for each of the Contractor’s accounting periods that apply to this contract. Pending establishment of revised provisional or final indirect rates, allowable indirect costs must be reimbursed on the basis of the following negotiated provisional or predetermined rates and the appropriate bases:

Description Rate Base Type Period

TBD 1/ 1/ 1/

1/Base of Application:

Type of Rate: Predetermined Period:

For each of the major subcontractor(s)*

Description Rate Base Type Period

TBD 1/ 1/ 1/

1/Base of Application:

Type of Rate: Predetermined Period:

*“Major Subcontractors” are those subcontractors whose proposed cost exceeds 10% of the total estimated contract cost.

B.8 ADVANCE UNDERSTANDING ON CEILING INDIRECT COST RATES AND

FINAL REIMBURSEMENT FOR INDIRECT COSTS

a) The Contractor must make no change in its established method of classifying or allocating indirect costs without the prior written approval of the Contracting Officer.

b) Reimbursement for indirect costs must be at the lower of the negotiated final provisional/pre-determined rates or the following ceiling rates:

Description 2017 2018 2019 2020 2021

TBD % % % % %

For each of the major subcontractor(s)* Description 2017 2018 2019 2020 2021

TBD % % % % %

c) The Government will not be obligated to pay any additional amount should the final indirect cost rates exceed the negotiated ceiling rates. If the final indirect cost rates are less than the negotiated ceiling rates, the negotiated rates will be reduced to conform to the lower rates.

d) This advance understanding must not change any monetary ceiling, cost limitation or obligation established in the contract.

B.9 MULTI-YEAR CONTRACT AND CANCELLATION CEILING

This contract is considered non-severable, and is therefore a multi-year contract as defined in FAR

17.103. Therefore, this contract is subject to the requirements of FAR 17.106.

a. Performance under this contract during the second and subsequent years is contingent upon the appropriation of funds. All program years except the first are subject to cancellation. Cancellation shall occur by the dates specified below if the Contracting Officer:

1. notifies the Contractor that funds are not available for contract performance for any subsequent program year or

2. fails to notify the Contractor that funds are available for performance of the succeeding program year.

b. Cancellation Ceiling:

This is a CPFF type contract where the Contractor is authorized to be reimbursed for all costs which are allowable in accordance with FAR 52.216-7, “Allowable Costs and Payment.”

Therefore, the Contractor will not incur any costs which would have been amortized over the life of the contract should the contract be cancelled in accordance with FAR 52.217-2.

The Government’s liability for cancellation charges shall not exceed $TBD. This amount will be reduced in accordance with FAR 17.106-1(c)(1) at the conclusion of each program year, as follows:

Program Year Cancellation Date Cancellation Ceiling Year 1: 2017/2018 N/A N/A Year 2: 2018/2019 DATE TBD, 2018 $TBD Year 3: 2019/2020 DATE TBD, 2019 $TBD Year 4: 2020/2021 DATE TBD, 2020 $TBD

[END OF SECTION B]

SECTION C – DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

C.1 TITLE OF ACTIVITY

Strengthening Media Systems (SMS)

C.2 PURPOSE

The goal of the Strengthening Media Systems Activity is to improve the legislative, regulatory and economic environment for Serbia’s media, so that they can provide Serbian citizens with the information to enable them to effectively engage in informed citizenship and hold their government accountable.

C.3 BACKGROUND

Worldwide, the development of diverse, objective and independent media is directly impacted by issues of economic resilience. Absent a market that is governed by clearly defined rules applicable to all actors, overseen by fully empowered regulatory institutions, the media system – as defined below – will be unlikely to produce the conditions necessary for the development and survival of the variety of outlets and perspectives that together can inform and engage citizens in informed debate regarding the issues they confront as a society. Moreover, given the rapid advance of new technologies that have regularly reshaped the media sector globally, the rules and institutions that govern the media system must be dynamic and adaptable to ensure that these innovations and changes are incorporated and fully addressed.

The economic environment for Serbia’s media is one of the factors holding back the development of diverse, objective, and independent media, with much of the sector operating in survival mode for the past few years. Recent systemic reforms of the media sector have not yielded the desired impact of creating a financially sustainable media sector or a viable market-based model for media development. A combination of an underdeveloped economy, unconsolidated media reform, and the rapid advance of new technologies has created a complex economic playing field that endangers the existence of many actors in the market and compromises media integrity. Moreover, Serbian media stakeholders find it difficult to convene around issues of common interest and represent their interests in a coherent and consolidated manner.

At the same time, new patterns of news consumption are changing the way that the advertising money is being distributed among Serbian media. While TV is still the most important news media in Serbia for older audiences, the Internet is the second most important media (with approximately 53.3% of the population consuming it every day) and Internet users express high levels of satisfaction with the credibility and quality of information accessible online. Advertising dollars are migrating from traditional to digital and mobile platforms, reshaping the economic conditions for news production to increasingly “market driven” rather than “content driven” considerations. Particularly among younger generations, the Internet is increasingly seen as a source of information about social, economic, and political topics – consumed primarily through social networks and news applications. However, the Serbian media sector currently lacks the flexibility and progressiveness in its operating and regulatory framework to address these changing media habits, and derive full benefit from expanding online audience. A strengthened and adaptive media system is critical to addressing these two key challenges of regulatory and market development. For the purposes of SMS, we define the media system as the various stakeholders that influence the media sector, the relationships between them, the financial and nonfinancial resources they make available to the sector, and the formal and informal rules which drive the behaviors of these actors and the results they produce. Therefore, the media system includes not only journalists, media owners and regulatory bodies, but also advertisers, relevant business associations, academia, media audiences, actors that advocate for media freedoms, public relations and marketing companies.

SMS’ theory of change is that if relationships within the media system are strengthened and the capacities of system actors are improved, the Serbian media system will be able to develop a more favorable enabling environment and adapt to the realities of the digital market, enabling diverse, objective, and professional news and information to survive and thrive in Serbia’s media market.

C.4 OBJECTIVES

The purpose of SMS, as implemented by the Contractor, is to enable Serbian media system actors to improve the legislative, regulatory and market environment for media, so that Serbian media outlets can provide Serbian citizens with the information to enable them to effectively engage in informed citizenship and hold their government accountable.

The Contractor must achieve the purpose through two interrelated objectives:

1. Support the development of a more enabling legal, regulatory and market environment for media in Serbia; and

2. Support the development of financial sustainability, innovation, and partnerships in the Serbian media sector.

The Contractor’s interventions under these objectives must be aimed at identifying gaps within the current rules governing the legal, regulatory and market environment for Serbian media on the one hand and the organizational and other impediments to financial sustainability and innovation in the Serbian media sector on the other, and strengthening these through convening and facilitation of consensus among system actors, and leveraging these points of consensus to improve the enabling environment for media and their capacities to survive and thrive in the digital market.

All of the Contractor’s interventions in performance of this Statement of Work (SOW) must be approved by the Contracting Officer’s Representative (COR) via the annual work plan (AWP). The AWP is a living document and can be amended on an as needed basis with the approval of the COR.

C.4.a. Objective 1: Support the development of a more enabling legal, regulatory and market environment for media in Serbia.

The Contractor must focus interventions within this objective on convening a broad network of system actors and on strengthening the ability of local media actors to identify, and build consensus around, legislative and regulatory policy solutions. Given the impact of the current set of rules governing the media system, the Contractor must convene a wide range of stakeholders interested in advocating for an improved legal enabling environment that will foster better conditions for media.

Given the cross-sectoral nature of the factors affecting the enabling environment, the Contractor must expand and strengthen linkages between system actors to enable them to effectively engage with and improve the rules governing the media system.

This includes interventions to facilitate the development of a sustainable model for continued sector dialogue and joint advocacy for reform1. This model must enable ongoing oversight, monitoring, and evaluation of the impact of policy on the viability and independence of media, making the feedback loop a standard rather than an exception in the process of media reform in Serbia.

Task 1: Support the development of a strong, expanded network of local media freedom advocates engaged in media reform.

The Contractor must propose and implement an effective and sustainable approach for bringing together a broad network of media system actors, which could include advocates from among

1As of the issuance of this RFP, Serbia had not yet drafted its new National Media Strategy, which may be an opportunity for engagement with the government on reforms. In case the Strategy is adopted before this contract is awarded, the Contractor must engage on Strategy implementation where there are windows of opportunity, pursuant to the criteria set forth in Task 2.

traditional media outlets and related associations and advocacy groups, as well as civil society, the private sector and other domestic and international traditional and non-traditional partners with an interest in media issues, and other stakeholders that advocate for good governance, rule of law, fair markets, and the EU accession process.

As the media system in Serbia is fragmented and establishing consensus on joint interests of media outlets and associations has proven complicated over the past years, the Contractor must incentivize approaches that are calibrated to strengthen the relationships between these system actors to ensure that these relationships and linkages sustain beyond the life of the contract. The Contractor must propose an approach for strengthening linkages between media outlets and associations and policy makers and establishing processes and/or institutions to sustain policy dialogue beyond the life of the contract.

Finally, the Contractor must provide technical assistance as necessary to strengthen the capacities of key media system actors to convene and facilitate broad consensus on media policy on an ongoing basis. The Contractor must remain cognizant of any new groups that may form over the life of the activity and identify approaches to including them in activity interventions.

Task 1 Expected Results:

• Increase in new and non-traditional media system actors engaged in media policy dialogue

• Increase in density and vibrancy of media system relationships

Task 2: Facilitate and strengthen the development of a legal framework for the media sector.

The Contractor, in consultation with media system actors, must consider which of the possible priority reform areas Serbia may choose to pursue over the coming period, either as part of the development of the Government’s forthcoming Strategy of Public Information System Development, or as part of Serbia’s alignment of its legal, regulatory and co-regulatory frameworks for media with the EU acquis communautaire, will become the focus of SMS policy development and advocacy interventions. In determining which reforms SMS will focus upon, the Contractor must consider which reforms provide the greatest opportunities to (1) address aspects of Serbia’s regulatory framework that most adversely affect the equal application of legislation and regulation to all market participants, (2) develop a legal framework for the future technological development of the sector, and (3) enable the development of effective regulatory institutions charged with implementing and monitoring legislation and regulation on an ongoing basis. These potential reform areas include, but are not limited to:

● Implementation of the existing laws, by-laws, criteria, and oversight of public project-based financing to media;

● Improvement of the process, by-laws, criteria, and oversight of state aid to media;

● Ensuring access to quality data on media (e.g. media registries, analysis of media market, etc.);

● Increasing the transparency of media ownership;

● Developing sustainable financial models for public service media and non-profit media;

● Co-financing and indirect financial support to media (e.g. looking at VAT and fiscal measures);

● Advancing professional standards and labor rights for journalists; and

● Strengthening the system of self-regulation and co-regulation.

Task 2 Expected Results:

● Jointly designed reform agenda

● Use of evidence to design and prioritize strategy

Task 3: Enhance the research and advocacy skills of Serbian Media Actors to engage in legislative reform.

As a next step in advancing advocacy priorities into workable policy options, the Contractor must work with media actors to enhance their technical expertise to develop evidence-based, technically sound policy and legislative recommendations to inform the further development of the media legislative framework, drawing on local expertise wherever possible and engaging regional and international experts, trainers and facilitators as needed. The Contractor must also facilitate the development and implementation of advocacy campaigns that effectively communicate relevant evidence and research findings and the interests of media actors to decision makers.

As Serbian media legislation and regulation have not yet taken into account the digital space, the legal framework is currently unable to respond to the emerging challenges in the sector, particularly in the domain of technological developments. Thus, the Contractor must consider opportunities to strengthen Serbian media sector capacity to develop policy and legislative recommendations related to technological developments affecting the sector in such areas as telecommunications policy, e- Commerce and the regulation of and protocols for electronic payments, copyright law, and advertising law.

Task 3 Expected Results:

● Development of key evidence-based and technically-sound legislative and regulatory policy recommendations

● Development of ‘effective’ advocacy campaigns

Task 4: Provide capacity development in Monitoring and Evaluation of Media Reform.

The Contractor must work with Serbian media actors to strengthen capacities to monitor policy implementation and implement an approach to ensuring the ongoing monitoring, evaluation and adjustment of media policy in a manner that is data-driven and endorsed and implemented by key Serbian media actors, including government policymakers.

Task 4 Expected Results:

• Establishment of system(s) to monitor (aspects) of the media reform process/implementation

• Enhanced capacity of Media Actors to undertake monitoring

• Monitoring reports are used for advocacy and/or policy discussions amongst media actors/government actors

C.4.b. Objective 2: Support the development of financial sustainability, innovation, and partnerships in the Serbian media sector.

Under this objective the Contractor must provide technical assistance and access to local, regional and international expertise, as appropriate, as well as opportunities for learning, mentoring, and business coaching to online media, traditional media, civil society groups and others producing professional news content for the Serbian population, to support the development and scaling of innovative media business models that will enable Serbian media actors to leverage the opportunities afforded by technological change. Interventions under this objective must be closely coordinated with other USAID media activities, including planned new activities focused on catalyzing financial sustainability, innovation and partnership among Serbia media, as well as other USAID local partners working on media issues.

Task 1: Provide expert technical assistance on content format, promoting media partnerships and developing management and financial strategies among media sector actors.

The Contractor must collaborate and provide demand-driven technical assistance to SMS and other USAID local media partners in a manner that is supportive and reinforcing of their project goals, subject to the approval of the SMS COR and, in the case of assistance provided to MIPS partners, at the request of the MIPS implementing partner. Technical assistance by the Contractor could include, but is not limited to, the following areas:

• Adapting traditional journalism content to mobile and online formats;

• Approaches to media partnerships and resource sharing, including joint revenue generation activities, common mobile platform development, common data harvesting, analysis and reporting metrics, delivery of joint advertising services, creating self-marketing strategies and advocating with social media platforms and advertising actors;

• Management and financial strategy development; and

• The utilization of data analytics.

The Contractor must ensure that the technical assistance provided exposes and brings the Serbian media sector closer to the latest practices adopted globally and the business models and entrepreneurship that make these practices financially viable.

Task 1 Expected Results:

• A greater diversity of innovative content offered online to an expanded audience

• Sustainable and forward-looking media outlets with business plans that incorporate sustainable digital strategies and models to monetize content

C.5 OPERATING PRINCIPLES

The Contractor must utilize interventions consistent with the following principles:

1) Facilitate change through the local system. Over time it has been observed that the prior approach of extending assistance to individual media outlets, while effective at creating change within those individual outlets, has not been able to stimulate broader change at a systemic level. Therefore, the Contractor must use a facilitation approach 2 in its implementation. The Contractor must seek to strengthen the system for media development in Serbia by facilitating the growth of relationships among media system stakeholders and between them, support institutions, private sector players that carry weight in the media system (e.g. PR companies, marketing agencies, etc.), academia, research and development institutions, as the quality of these relationships is crucial to lasting change in the media sector, both in terms of the development of a more enabling legal and regulatory and market environment for media and in terms of the piloting and scaling of partnerships and innovation to bolster the financial sustainability of the sector. Moreover, the focus of the Contractor’s interventions must be on directly investing in the capacity and network development of these key local actors through a self-selection process with USAID and these local actors. By facilitating through local actors, which is consistent with USAID’s Local Systems Framework3, the relationships formed and capacities developed will inherently rest within the local system and will be more likely to be sustained over time.

2) Let local partners self-select. The self-selection process of partnership is critical to the success of a facilitation approach. The Contractor must therefore demonstrate a clear plan to ensure that it is working with those local actors and partners that have the most enthusiastic approach and response to issues facing the Serbian media system, whether these are media associations, individual media outlets, regulators or self-regulators, business associations, private sector actors, or others, and the greatest demonstrated commitment to reform. If the original local partners come to find the collaboration is no longer of interest for their investment, the Contractor will be free to let them go and seek interest elsewhere. The desire to invest in the change must come from within the local system. This is likely to be a key approach to ensuring sustainability beyond donor assistance.

3) Leverage local resources. This approach also uses USAID resources more strategically, deploying them only when local actors also invest. The Contractor and its local partners must leverage additional resources from the private sector, the GoS, or other donors, as appropriate. As the USAID investment

2 More information on how to use a facilitation approach can be found at https://usaidlearninglab.org/sites/default/files/resource/files/the_facilitation_approach_at_usaid_07.28.2015.pdf.

3 Found at https://www.usaid.gov/policy/local-systems-framework.

declines over the life of the SMS activity, the local actors have a precedent of investment and will be more prepared to continue that investment after the SMS activity ends.

The Contractor is encouraged to suggest innovative ideas and pathways to achieve the SMS activity’s objectives, and to invest project resources in piloting and refining approaches to improve the enabling environment for media system in Serbia over the course of project implementation

C.6 CONTINUOUS LEARNING

While USAID’s Evaluation Policy calls for evaluative activities that focus on performance and impact, learning can also include activities between monitoring and impact evaluation and can underscore the need for mid-course corrections, while improving the results of project implementation. The SMS activity has been designed to enable adaptive approaches to achieving objectives, informed by ongoing systems and contextual analysis. The Contractor must continually assess the effectiveness of the interventions, evaluate whether those interventions are succeeding, apply lessons learned and adapt work appropriately.

In addition to presenting a Monitoring Evaluation and Learning Plan (MEL), the Contractor must implement a methodology, approved by USAID, that identifies the Contractor’s approach to integrating monitoring, evaluation and learning throughout contract implementation, how they will capture how results are being achieved and how they will integrate the results of ongoing analysis as well as feedback from partners, stakeholders and beneficiaries into project implementation. Based on these, the Contractor may request changes to the MEL with the concurrence of USAID.

USAID/Serbia recognizes that the success of the SMS Activity will depend on the contributions of actors directly and indirectly engaged with the project, as well as well as institutions and processes beyond the manageable interests of the Contractor, and thatchanges in the local context may have implications for the achievement of results. Significant shifts within the system or the broader country context may require the adaptation of approaches and the revisiting of indicators to address these changes.

If necessary, the Contractor must collaborate with an external USAID team to assist in the process of designing a robust, high-quality and efficient monitoring and evaluation (M&E) system that can adequately support the data needs of USAID/Serbia and a mandatory formal external evaluation process over the life of the project.

C.7 COORDINATION WITH OTHER USAID PROJECTS AND OTHER DONOR

PROGRAMMING

In implementing this project, the Contractor must cooperate and coordinate activities with select media outlets and/or networks/partnerships, professional associations, the Ministry of Culture and Information, the Delegation of the European Union, other donors, other USAID activities and other regional project to the extent there is alignment with the contract’s objectives. In particular, cooperation and coordination will be sought with the following projects:

New Mission programming with local partners will focus on catalyzing financial sustainability, innovation and partnership among Serbian media. To achieve this purpose the activity will support the piloting, evaluation and scaling of innovative business models that bring Serbian media outlets closer to the latest digital and mobile practices adopted globally. It will also support the development of partnerships among a wide range of stakeholders, including but not limited to online and traditional media, civil society groups and others. The Contractor must ensure close collaboration with this activity, including the provision of targeted technical assistance to activity partners as necessary.

The Improving Conditions for Inclusive Economic Growth Project will focus on improving Serbia’s business enabling environment and the competitiveness of its small- and medium-sized enterprises (SMEs). To achieve this purpose, the project will address regulatory and policy reforms that support the efforts of Serbian businesses to expand operations, attract investment, increase access to finance, and be more competitive. The Contractor must ensure that the SMS Activity also works closely with the activities planned within the Improving Conditions for Inclusive Economic Growth project to identify windows of opportunity to bring challenges facing the enabling environment for media forward, engage private sector and other non-traditional partners in media reform processes, and ensure the media community’s needs and concerns are factored into relevant strategies focused on increasing the competitiveness of the Serbian private sector and improving the overall business enabling environment.

Activities in USAID’s Civil Society portfolio are currently being designed. Part of the portfolio will be focused on providing services that local organizations need to improve their operations and prospects for sustainability. The Contractor must consider opportunities to leverage these services to provide support to entities engaged as a part of SMS implementation.

In addition to planned bilateral activities, currently two USAID regional media programs are planned for the Western Balkan region. The Contractor must ensure that regular coordination is maintained between the SMS Activity and regional interventions, and that lessons learned from regional programming are incorporated under both objectives of the SMS Activity.

The Contractor must coordinate closely with the EU and its implementing partners to ensure complementarity of approaches and partnerships. Similarly, the Contractor must establish and maintain coordination with Open Society Foundation Serbia, the OSCE, the Balkan Trust for Democracy, the National Endowment for Democracy, the Olof Palme Institute, and the UK Embassy, all of whom have ongoing or planned media activities. The Contractor must ensure that the SMS Activity takes into consideration these initiatives and maintains complementarity with these donors’ approaches. The Contractor must also engage constructively with the Government of Serbia (GoS) in dialogue concerning media reform as part of the country’s EU accession agenda.

In addition, the private sector will be a significant partner in this implementation approach. Therefore, coordination, dialogue and partnerships with representative associations (e.g. media owners, journalists, editors, emerging new associations during the lifetime of the Activity, etc.), relevant industry associations, industry bodies, and other actors will be essential throughout the life of the SMS activity. The Contractor may pursue these partnerships through the solicitation of sub-contractors, grants under contract, memoranda of understanding, or co-funding of project interventions where feasible (including options for incorporating Global Development Alliance models, PPPs, collaborative platforms, etc.). The Contractor’s partnerships with the private sector and other key stakeholders are a necessary condition for successfully addressing the contract’s main objective.

[END OF SECTION C]

SECTION D – BRANDING AND MARKING

D.1 MARKING AND BRANDING STRATEGY

The Contractor shall submit a final branding implementation plan and marking plan no later than 30 days after award. The plan must be in accordance with ADS 320.3.2. The plan must be submitted to the Contracting Officer’s Representative (COR) for approval.

The Contractor shall comply with the requirements of the policy directives and required procedures outlined in USAID Automated Directive System (ADS) 320.3.2 “Branding and Marking in USAID Direct Contracting” at https://www.usaid.gov/sites/default/files/documents/1868/320.pdf; and USAID “Graphic Standards Manual” available at https://www.usaid.gov/branding or any successor branding policy.

Anticipated elements of marking plan: Deliverables to be marked, include products, equipment and inputs delivered; places where program activities are carried out; external public communications, studies, reports, publications and informative and promotional products; and workshops, conferences, fairs, media related activities and any such events. Publications authored by Contractors or other non- USAID employees must include the following disclaimer on the title page: “The author’s views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government.” Threats and restrictions to the security of the program need to be identified and assessed in order to request any necessary exception from the marking requirement in accordance with ADS 320.3.2.

USAID’s web page contains the electronic version of the Graphic Standards Manual that is compulsory for all Contractors. Marking under this contract shall comply with the “USAID Graphics Standards Manual” available at https://www.usaid.gov/branding/acquisition-awards.

D.2 AIDAR 752.7009 MARKING (JAN 1993)

a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem. Shipping containers are also to be marked with the last five digits of the USAID financing document number.

As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.

b) Specific guidance on marking requirements should be obtained prior to procurement of commodities to be shipped, and as early as possible for project construction sites and other project locations. This guidance will be provided through the cognizant technical office indicated on the cover page of this contract, or by the Mission Director in the Cooperating Country to which commodities are being shipped, or in which the project site is located.

c) Authority to waive marking requirements is vested with the Regional Assistant Administrators, and with Mission Directors.

d) A copy of any specific marking instructions or waivers from marking requirements is to be sent to the Contracting Officer; the original should be retained by the Contractor.

[END OF SECTION D]

https://www.usaid.gov/sites/default/files/documents/1868/320.pdf https://www.usaid.gov/branding https://www.usaid.gov/branding/acquisition-awards

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following Contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this Contract. See FAR 52.252-2 for an Internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

FAR (48 CFR Chapter 1)

52.204-14 SERVICE CONTRACT REPORTING

REQUIREMENTS OCT 2016

52.246-5 INSPECTION OF SERVICES –

COST-REIMBURSEMENT APR 1984

E.2 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required deliverables or outputs shall take place at principal place of performance or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. Unless otherwise stated, the designated COR has been delegated authority to inspect and accept all services, reports and required deliverables or outputs.

[END OF SECTION E]

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

In accordance with FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract, the following contract clauses are hereby incorporated by reference, with the same force and effect as if they were given in full text. See http://acquisition.gov/far/index.html and http://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf for electronic access to the full text of a clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.242-15 STOP-WORK ORDER AUG 1989

ALTERNATE I APR 1984

F.2 PERIOD OF PERFORMANCE

The period of performance is four (4) years from date of contract award.

F.3 PLACE OF PERFORMANCE

The place of performance is Serbia.

F.4 PERFORMANCE STANDARDS

USAID will evaluate the Contractor’s performance in accordance with FAR 42.15, corresponding USAID procedures, and the Contractor’s adherence to the annual work plan, reporting against its Monitoring, Evaluation and Learning (MEL) Plan, and quality reports described in Section F.6 below.

USAID will evaluate the Contractor’s performance during the initial, intermediate, and final periods of the contract in accordance with the Contractor Performance Assessment Reporting System

(CPARS).

Evaluation of the Contractor's overall performance will be conducted on an annual basis jointly by the COR and the CO, and will form the basis of the Contractor's permanent performance record with regard to this contract.